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Part II Interpretation Applying the Vienna Convention on the Law of Treaties, A The General Rule, 6 The General Rule: (2) Agreements as Context, Subsequent Agreements, and Subsequent Practice

From: Treaty Interpretation (2nd Edition)

Richard Gardiner

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 November 2023

Rules of treaty interpretation — Treaties, conclusion — Treaties, amendments and modification — Vienna Convention on the Law of Treaties

This chapter analyses further elements of the general rule for treaty interpretation under Article 31 of the Vienna Convention. It focuses on the notion of agreement between the parties on interpretation of a treaty. This is considered in two forms: first, a recorded agreement; and second, concordant practice of parties where this reveals their agreement on a point of interpretation. Such agreements, whether specifically entered into as agreements or established through practice of the parties, constitute a particularly significant element for interpretation of treaties being evidence of the parties’ understanding as to the meaning of their own agreement. A particular focus of the chapter is on the work in progress by the International Law Commission on subsequent agreements and subsequent practice in continuation of its study of treaties over time.

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